MI HB5702

Requires forfeiture proceedings to be instituted promptly when property is seized under drug forfeiture laws.

For seized property valued under $50,000 without a warrant, establishes a procedure requiring the seizing agency to notify the property owner and prosecuting attorney of intent to forfeit.

Property owners have 20 days after notice to file a claim; if no claim is filed, the prosecuting attorney must review the seizure and obtain a court order before forfeiture can proceed.

If the prosecuting attorney or attorney general does not approve the seizure after review, the seizing agency must return the property to the person from whom it was seized (except for property required to be destroyed by law or used as evidence).

Defense attorneys have 60 days to examine seized money after notice is given but before it is deposited into an account, and if prosecutors fail to prove forfeiture, the court must order return of the money with any earned interest.